Legal Question in Personal Injury in Michigan

I do not have a large intestine due to Crohn's disease and therefore it is vital that I use the rest room quite a bit. In Michigan, as well as 11 other states, there is Ally's Law, which says that if a person has Crohn's disease, or one of the other IBD's, they are allowed to use a private restroom at a facility that doesn't have a 'public restroom'. The other day I was denied access to a private restroom after (1) showing a medical restroom alert card and (2) informing the establishment of Ally's law. I was really upset because I felt like I was going to explode if I didn't get to a restroom. Who can I report this to and what can be done about it?

Asked on 6/04/12, 7:54 pm

1 Answer from Attorneys

William Stern William Stern, P.C.

You have two remedies. One does not preclude the other. First, you can file a police report. The conduct of the establishment refusing service is liable for a civil infraction subjecting it to fines and financial penalties, so long as you:

a) had a prescription with you and showed it to the employees indicating that you suffer from Crohns and this was signed by a doctor;

b) the establishment must have had two or more employees on duty;

c) use of the toilet would not create an obvious health risk to the customer or an obvious security risk to the business.

Next, you can sue the business as long as the above conditions were met. It may be difficult to establish damages but it may be worth a try. I'd be interested in giving it a try, just for the sake of it. My son is the Walk Manager for the Crohns and Colitis Foundation, Rocky Mountain Chapter.

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Answered on 6/05/12, 10:03 am

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